MONI KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel petitioner and the State.

(2.) The petitioner has moved the Court for quashing of the order contained in Letter No. 1266 (Ni.) dated 20.08.2016 issued by the respondent no. 3, by which service of the petitioner as Panchayat Teacher has been cancelled and order has been made for recovery of the fixed salary/honorarium under the Public Demands Recovery Act, 1914.

(3.) The petitioner had applied for being appointed as Panchayat Teacher in Gram Panchayat Raj Amaha in the year 2006 and after counselling, she was appointed on 30.11.2006 but later on it transpired that the petitioner's date of birth was 05.07.1988. Since the selection process had been initiated and selection was started and completed in the year 2006, as per the provisions of Rule 8 (Kha) of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, (hereinafter referred to as the 'Rules') a person has to attain the age of 18 years on 1st of Jan. of the year of recruitment. In the present case, since on 01.01.2006, the petitioner was only 17 years old, his employment has been held to be illegal and accordingly her employment was terminated.